Are You Exempt From Overtime? The FLSA Test (2026)
Overtime exemption needs all three FLSA tests: salary basis, the $684-a-week salary level, and a duties test. What each means in 2026, why a salary alone is not enough, and a free checker.
Three tests, and you need all three
Being "exempt" means your job is not owed overtime. Under the FLSA, a white-collar job is exempt only if it clears all three bars: it is paid on a salary basis (a fixed amount that does not drop when hours do), the salary is at least $684 a week ($35,568 a year), and the primary duties are genuinely executive, administrative, professional, computer, or outside sales. Miss one and you are non-exempt and owed time-and-a-half over 40 hours. The Exempt vs Non-Exempt checker runs a job against all three.
A salary alone does not make you exempt
This is the single biggest myth. Paying someone a salary only satisfies one of the three tests. A salaried worker below $684 a week is non-exempt. So is a salaried worker whose real duties are routine or manual, no matter the title — "manager" or "coordinator" on a badge does not decide it. The day-to-day work does. Misclassifying a non-exempt worker as exempt is one of the most expensive wage-and-hour mistakes, exposing the employer to back overtime and penalties.
The 2026 salary threshold (and the litigation)
The federal standard salary level is $684 a week in 2026. A 2024 rule tried to raise it in steps, but a federal court vacated that rule in November 2024, so the level reverted to $684. Several states set their own, higher floors — California, New York, and Washington tie the threshold to a multiple of the state minimum wage, well above the federal figure — so always check the state you work in. The checker uses the federal floor as a starting point.
Outside sales, highly paid, and computer roles
A few categories work differently. Outside sales has no salary test at all. Highly compensated employees ($107,432 a year or more) face a lighter duties test. Certain computer professionals can qualify if paid at least $27.63 an hour, even hourly. If your role is non-exempt, the Overtime Pay calculator works out the time-and-a-half, and state overtime rules can add daily overtime on top of the federal weekly rule.
Frequently asked questions
Not automatically. A salary satisfies only one of the three FLSA tests. A salaried worker below $684 a week, or whose duties do not qualify, is still non-exempt and owed overtime.
$684 a week, or $35,568 a year, at the federal level. The 2024 rule that raised it was vacated in November 2024. California, New York, and Washington set higher state thresholds.
No. Even a well-paid employee is non-exempt if their primary duties do not meet the executive, administrative, professional, outside sales, or computer tests. Duties decide it, not pay or title.
The employer can owe back overtime, liquidated damages, and penalties. Classification should be reviewed against the current salary level and the duties test, not the job title.